KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 460/2009

                              JUDGMENT DATED:23..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

          K.Leeja, W/o Govindan,

            Soubhagya Nivas,                                                     : APPELLANT

            P.O.Malur, Thalassery Taluk,

            Kannur.

(By Adv:Sri.Narayan.R & V.Binoy Ram)

                        Vs.

                                                                                                : RESPONDENTS

             Manager,

District Co-operative Bank,

            P.O.Mattannur, Kannur.

(By Adv:Sri.C.S.Rajmohan)

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the complainant in CC:3/07 in the file of CDRF, Kannur.  The complaint stands dismissed. 

2. The case of the complainant is that she had applied for a loan from the opposite party for a sum of Rs.1,20,000/- and she submitted a number of documents to secure the above loan.  The loan was sanctioned but the amount was not disbursed.  She has sought for return of the documents submitted by her.  Opposite parties are not returning the documents.

3. On the other hand, the opposite parties/respondents have contended that the loan sanctioned to her husband and disbursed has not been repaid and that proceedings are pending before the Registrar of Co-operative Societies.

4. The evidence adduced consisted of the Exts.A1 to A5 and B1.

5. The Forum has dismissed the complaint relying on the decision in Syndicate Bank Vs. Vijayakumar and Others AIR 1993 SC 1096 wherein the Court had held that the bank has a general lien over all securities and negotiable instruments deposited by the customer in the ordinary course of banking business.

6. It is admitted that in the instant case the complainant is not a surety to her husband with respect to the loan provided to her husband and the proceedings pending.  We find that the decision cited is not applicable to the facts of the instant case.  As the complainant had not availed the loan the opposite parties have no right to retain the records submitted by her.  Hence the order of the Forum is set aside.  The opposite parties are directed to return the documents admitted by the complainant within one month from the date of receipt of the copy of this order.

The office is directed to forward the LCR to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.